Dismissal

New and updated

  • Unfair dismissal: Employee's dismissal was fair even though colleague received lesser sanction

    Date:
    3 May 2016
    Type:
    Law reports

    In MBNA Ltd v Jones EAT/0120/15, the EAT held that the employee was fairly dismissed despite the fact that a colleague involved in the same incident received a final written warning.

  • Constructive dismissal: written acceptance of terms did not affirm the contract

    Date:
    27 April 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that an employee's written acceptance of new terms of employment for a demoted role did not affirm the contract of employment. The employee had worked in the demoted position under protest.

  • Case round-up

    Date:
    1 April 2016
    Type:
    Law reports

    Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Employee who "pulls a sickie" can be dismissed for misconduct

    Date:
    21 March 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has affirmed that an employee who makes up, or exaggerates the effects of, an injury or illness to take fraudulent sick leave is fundamentally breaching the implied term of trust and confidence and can be dismissed for misconduct.

  • Maximum unfair dismissal compensation award - historical data

    Type:
    Quick reference

    Updated to reflect an increase in the maximum unfair dismissal compensatory award, with effect from 6 April 2017.

  • Unfair dismissal compensatory award

    Type:
    Quick reference

    Updated to reflect an increase in the maximum compensatory award for unfair dismissal, with effect from 6 April 2017.

  • Unfair dismissal basic award

    Type:
    Quick reference

    Updated to reflect an increase in the amount of the basic award, with effect from 6 April 2017.

  • Whistleblowing: Disclosure alleging breach of employees' contracts might be in public interest

    Date:
    2 March 2016
    Type:
    Law reports

    In Underwood v Wincanton plc EAT/0163/15, the EAT held that an employment tribunal had erred in striking out a whistleblowing claim on the basis that the alleged disclosure could not in law satisfy the requirement of being in the "public interest".

  • Unfair dismissal: The role of HR in disciplinary proceedings

    Date:
    2 March 2016
    Type:
    Law reports

    In Ramphal v Department for Transport [2015] IRLR 985 EAT, the EAT held that a disciplinary process was potentially unfair on the basis that the manager who conducted it was improperly influenced in his conclusions by representatives of HR who had not been directly involved in or present at the disciplinary hearing.

  • Case round-up

    Date:
    1 March 2016
    Type:
    Law reports

    David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.